Word: tenenbaums
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Nesson was participating from his office. The Tenenbaum team—a group of law students who have been helping him with the case—were with him. His voice recorder...
Recording had already become an issue in the Tenenbaum case by the time Gertner made her status call. After watching Nesson take audio of his client’s deposition, the recording industry’s lawyers told him in November that they would not consent to being recorded in any of the mandatory meet-and-confer session that occur periodically in cases between counsel from the opposing sides. After protesting that he needed the recordings as a teaching tool, Nesson said he would refuse to participate in any more of the meetings. The Court was not pleased...
...raised questions about how well the professor’s academic penchant for idealism has weathered the transition from the classroom to the more rules-based climate of civil litigation, and—more particularly—whether his fascination with openness is coming at the expense of Tenenbaum, his client. “Number one rule of litigation: don’t piss of the judge,” copyright blogger Ben Sheffner told me, reflecting on the incident. “He’s poking his finger in her eye, that does not serve his client well...
...observation again raises a question that’s not uncommon among those who’ve dealt with Nesson: Is he brash, disrespectful, and out of his mind? Or is he simply five steps ahead of everybody else? For Nesson and his team, the Tenenbaum case has never been solely about file-sharing charges. It’s about defending open access, to the internet and to the judicial process. Making a recording of a meeting with a judge available online speaks to that agenda. And that, Nesson believes, is worth ruffling some feathers...
...Tenenbaum, the person who stands to lose thousands of dollars in damages if Nesson’s designs implode, seems to accept it all in stride. Sued in 2007, he fought his case for a year with the help of only his mother, a small-time family lawyer with little knowledge of civil procedure. The experience was, he says, emotionally and physically destructive, filled with rough treatment and strident demands by the corporate lawyers arrayed against him. When a Massachusetts District Judge contacted Nesson to see if he would take on Joel’s case, it was a relief?...